[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2822 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2822

To help Federal prosecutors and investigators combat public corruption 
                by strengthening and clarifying the law.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2009

Mr. Johnson of Georgia (for himself, Ms. Jackson-Lee of Texas, and Mr. 
   Grayson) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To help Federal prosecutors and investigators combat public corruption 
                by strengthening and clarifying the law.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Corruption Prosecution 
Improvements Act''.

SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS PUBLIC 
              CORRUPTION OFFENSES.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3300. Corruption offenses
    ``No person shall be prosecuted, tried, or punished for a violation 
of, or a conspiracy or an attempt to violate--
            ``(1) section 201 or 666;
            ``(2) section 1341 or 1343, when charged in conjunction 
        with section 1346 and where the offense involves a scheme or 
        artifice to deprive another of the intangible right of honest 
        services of a public official;
            ``(3) section 1951, if the offense involves extortion under 
        color of official right;
            ``(4) section 1952, to the extent that the unlawful 
        activity involves bribery; or
            ``(5) section 1962 to the extent that the racketeering 
        activity involves--
                    ``(A) bribery chargeable under State law; or
                    ``(B) a violation of--
                            ``(i) section 201 or 666;
                            ``(ii) section 1341 or 1343, when charged 
                        in conjunction with section 1346 and where the 
                        offense involves a scheme or artifice to 
                        deprive another of the intangible right of 
                        honest services of a public official; or
                            ``(iii) section 1951, if the offense 
                        involves extortion under color of official 
                        right;
unless an indictment is returned or the information is filed within 6 
years after the commission of the offense.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 of title 18, United States Code, is amended by adding at 
the end the following:

``3300. Corruption offenses.''.
    (c) Application of Amendment.--The amendments made by this section 
shall not apply to any offense committed before the date of enactment 
of this Act.

SEC. 3. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL 
              FINANCIAL ASSISTANCE.

    Section 666(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(B), by striking ``of $5,000'' and 
        inserting ``of $1,000''; and
            (2) in paragraph (2), by striking ``$5,000'' and inserting 
        ``$1,000''.

SEC. 4. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY 
              OFFENSE.

    Section 641 of title 18, United States Code, is amended by 
inserting ``the District of Columbia or'' before ``the United States'' 
each place that term appears.

SEC. 5. ADDITIONAL RICO AND MONEYLAUDERING PREDICATES.

    (a) Rico.--Section 1961(1) of title 18, United States Code, is 
amended--
            (1) by inserting ``section 641 (relating to embezzlement or 
        theft of public money, property, or records),'' after ``473 
        (relating to counterfeiting),''; and
            (2) by inserting ``section 666 (relating to theft or 
        bribery concerning programs receiving Federal funds),'' after 
        ``section 664 (relating to embezzlement from pension and 
        welfare funds),''.
    (b) Moneylaundering.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended--
            (1) by striking ``section 641 (relating to public money, 
        property, or records),''; and
            (2) by striking ``section 666 (relating to theft or bribery 
        concerning programs receiving Federal funds),''.

SEC. 6. ADDITIONAL WIRETAP PREDICATES.

    Section 2516(1)(c) of title 18, United States Code, is amended by 
inserting ``section 641 (relating to embezzlement or theft of public 
money, property, or records), section 666 (relating to theft or bribery 
concerning programs receiving Federal funds),'' after ``section 224 
(bribery in sporting contests),''.

SEC. 7. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES.

    (a) Definition.--Section 201(a) of title 18, United states Code, is 
amended--
            (1) in paragraph (2), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3), by striking the period and inserting 
        ``; and''; and
            (3) by inserting at the end the following:
            ``(4) the term `rule or regulation' means a Federal 
        regulation or a rule of the House of Representatives or the 
        Senate, including those rules and regulations governing the 
        acceptance of campaign contributions.''.
    (b) Clarification.--Section 201(c)(1) of title 18, United States 
Code, is amended--
            (1) by striking the matter before subparagraph (A) and 
        inserting ``otherwise than as provided by law for the proper 
        discharge of official duty, or by rule or regulation--'';
            (2) in subparagraph (A), by inserting after ``, or person 
        selected to be a public official,'' the following: ``for or 
        because of the official's or person's official position,''; and
            (3) in subparagraph (B)--
                    (A) by striking ``otherwise than as provided by law 
                for the proper discharge of official duty,''; and
                    (B) by striking all after ``anything of value 
                personally'' and inserting ``for or because of the 
                official's or person's official position, or for or 
                because of any official act performed or to be 
                performed by such official or person;''.

SEC. 8. CLARIFICATION OF DEFINITION OF OFFICIAL ACT.

    Section 201(a)(3) of title 18, United States Code, is amended to 
read as follows:
            ``(3) the term `official act'--
                    ``(A) means any action within the range of official 
                duty, and any decision or action on any question, 
                matter, cause, suit, proceeding or controversy, which 
                may at any time be pending, or which may by law be 
                brought before any public official, in such public 
                official's official capacity or in such official's 
                place of trust or profit; and
                    ``(B) may be a single act, more than one act, or a 
                course of conduct; and''.

SEC. 9. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO INVESTIGATE AND 
              PROSECUTE PUBLIC CORRUPTION OFFENSES.

    There are authorized to be appropriated to the Department of 
Justice, including the United States Attorneys' Offices, the Federal 
Bureau of Investigation, and the Public Integrity Section of the 
Criminal Division, $25,000,000 for each of the fiscal years 2010, 2011, 
2012, and 2013, to increase the number of personnel to investigate and 
prosecute public corruption offenses including sections 201, 203 
through 209, 641, 654, 666, 1001, 1341, 1343, 1346, and 1951 of title 
18, United States Code.
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